HomeMy WebLinkAboutBy-law 3199/89 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3199 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreements
respecting the development of Blocks 63, 64, 65,
Plan 40M-1441 and Blocks 80, 81, 82, Plan
40M-1526, Picketing (Rougecrest Gonstruction
Inc. ]Grand Oak Homes).
WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1,
The Corporation of the Town of Picketing entered into:
(a) a Subdivision Agreement dated Sune 2, 1986, with Rougecrest Con-
struction Inc. respecting Plan 40M-1441~ and
(b) a Subdivision Agreement dated April 21, 1987, with Grand Oak Homes
(Eastern Division) Inc. respecting Plan 40M-1526,
which Agreements require amendment to provide for the coordinated development as
three building lots of Blocks 63, 64, 65, Plan 40M-1441 and Blocks 80, 81, 82, 'Plan
40M- 1526, Picketing;
NOW THEREFORE, the Council of The Corporation of the Town of Picketing HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in
the form attached hereto as Schedule A to amend:
(a) the Subdivision Agreement dated June 2, 1986 between Rougecrest
Construction Inc. and The Corporation of the Town of Picketing
respecting Plan 40M-1441, and
(b) the Subdivision Agreement dated April 21, 1987 between Grand
Oak Homes and The Corporation of the Town of Picketing
respecting Plan 40M-1526,
in order to provide for the coordinated development of Blocks 63, 64, 65,
Plan 40M-1441, Picketing and Blocks 80, 81, 82, Plan 40M-1526,
Picketing.
BY-LAW read a first, second and third time and finally passed this 19th day of Sune,
1989.
THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 3199 /89
Being a by-law to authorize the execution of an
Agreement to amend the Subdivision Agreements
respecting the development of Blocks 63, 64, 65,
Plan 40M-1441 and Blocks 80, 81, 82, Plan
40M-1526, Picketing (Rougecrest Construction
Inc./Grand Oak Homes).
WHEREAS, pursuant to section 50(6) of the Planning Act 1983, S.O. 1983, chapter 1,
The Corporation of the Town of Picketing entered into:
(a) a Subdivision Agreement dated June 2, 1986, with Rougecrest Con-
struction Inc. respecting Plan 40M-1441; and
(b) a Subdivision Agreement dated April Z1, 1987, with Grand Oak Homes
(Eastern Division) Inc. respecting Plan 40M-1526,
which Agreements require amendment to provide for the coordinated development as
three building lots of Blocks 63, 64, 65, Plan 40M-1441 and Blocks 80, 81, 82, Plan
40M-1526, Pickering;
NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY
ENACTS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute an Agreement in
the form attached hereto as Schedule A to amend:
(a) the Subdivision Agreement dated June 2, 1986 between Rougecrest
Construction Inc. and The Corporation of the Town of Picketing
respecting Plan 40M-1441, and
(b) the Subdivision Agreement dated April 21, 1987 between Grand
Oak Homes and The Corporation of the Town of Picketing
respecting Plan 40M-1526,
in order to provide for the coordinated development of Blocks 63, 64, 65,
Plan 40M-1441, Picketing and Blocks 80, 81, 82, Plan 40M-1526,
Picketing.
BY-LAW read a first, second and third time and finally passed this 19th day of June,
1989.
Wayne Ar~fur~s
TOWN ~F
~ .... B~uce Taylor% Cl~
LEGAL DEPT.
THIS AGREEMENT made this day of , 1989.
BETWEEN:
ROUGECREST CONSTRUCTION
hereinafter called "Rougecrest"
OF THE FIRST PART,
- and -
THE CORPORATION OF THE TOWN OF PICKERING
hereinafter called the "Town"
OF THE SECOND PART.
WHEREAS Rougecrest is,
(a) the successor of Grand Oak Homes (Eastern Division) Inc. (herein called
"Grand Oak") in title to Blocks 80, 81, 82, Plan 40M-1526, Picketing,
which Blocks are designated as future development blocks in the Agree-
ment dated April 21, 1987, between Grand Oak and the Town, Notice of
which was registered March 11, 1988 as Instrument No. LT374631, and
(b) the owner of Blocks 63, 64, 65, Plan 40M-1441, Picketing, which Blocks
are designated as future development blocks in the Agreement dated June
2, 1986, between Rougecrest and the Town, Notice of which was regis-
tered December 8, 1986, as Instrument LT301283,
and,
WHEREAS, those Blocks together form three building lots which may be developed
after this Agreement, amending the Agreements referred to above, has been regis-
tered on title to each Block;
NOW THEREFORE, this Agreement witnesseth that, in consideration of the Town
lifting the future development restrictions on Blocks 80, 81, 82, Plan 40M-1526,
Picketing, and on Blocks 63, 64, 65, Plan 40M-1441, Picketing, Rougecrest agrees
with the Town as follows:
1. The lands affected by this Agreement (hereinafter called the "Lands") are:
FIRSTLY, Blocks 80,81, 82, Plan 40M-1526, Picketing, and
SECONDLY, Blocks 63, 64, 65, Plan 40M-1441, Picketing.
2. In this Agreement, the term,
(a) "Grand Oak Agreement" means the Agreement dated April 21, 1987,
between Grand Oak and the Town, Notice of which was registered March
11, 1988 as Instrument No. LT374631, and
(b) '~Rougecrest Agreement" means the Agreement dated June 2, 1986, be-
tween Rougecrest and the Town, Notice of which was registered December
8, 1986 as Instrument LT301283.
3. (1) Time shall be of the essence of this Agreement.
(2) This Agreement and everything herein contained shall enure to the bene-
fit of and be binding upon the Parties hereto, their successors and
assigns.
4. Despite any provision contained therein to the contrary, the Grand Oak Agree-
ment shall not apply to the development of the Lands.
5. The Rougecrest Agreement shall apply to the development of the Lands includ-
ing that portion of the Lands that is not within Plan 40M-1441, Pickertng, as if
all the Lands were within that Plan.
6. Prior to the registration of this Agreement, Rougecrest shall pay to the Town,
(a) $105, as an engineering drawing inspection fee; and
(b) $8,625, unit levies.
7. Prior to the registration of this Agreement, Rougecrest shall provide to the
Town,
(a) an amended $5 million liability insurance policy, including reference to
Blocks 80,81, 82, Plan 40M-1526, showing the Town as a named insured;
and :
(b) an increase in its performance and maintenance security in the amount of
$6,000.
8. Prior to the registration of this Agreement, Rougecrest shall submit to the :'
appropriate Town authority, and receive that authority's approval to,
(a) revisions or additions to the approved storm drainage system drawings to :
provide for the drainage of the Lands~
(b) revisions and additions to the approved Grading Control Plan to provide
for the grading of the Lands; :
(c) its design planning reporti
(d) revisions and additions to the approved landscaping plan to provide for
the landscaping of the Lands;
(e) revisions and additions to the Tree Preservation Program to provide for
the preservation of trees on the Lands.
9. Despite section 27(1) of the Rougecrest Agreement, no building permit shall be
issued for any building or part of a building on the Lands until this Agreement
is registered on title to the Lands by the Town.
10. (1) Section 4(1) of Schedule A to the Rougecrest Agreement is hereby
amended by deleting "63-6 to 65-6" from the first line thereof.
(2) Sections 5(1), 5(2) and 6(a) of Schedule A to the Grand Oak Agreement
are hereby amended by deleting "73 to 82" from the first line thereof and
substituting "73 to 79" for it in each case.
(3) Blocks 80, 81, 82, Plan 40M-1526, Picketing, shall be developed only in
conjunction with Blocks 63, 64, 65, Plan 40M-1441, Picketing,
respectively, to provide three dwelling units.
(4) For Rougecrest's contribution to the Town's parkland needs arising from
the development of the Lands, Rougecrest shall pay to the Town the sum
of $5,514 prior to the registration of this Agreement.
IN WITNESS WHEREOF, Rougecrest and the Town have hereunto affixed their corpo-
rate seals attested to by the hands of their proper authorized officers.
SIGNED, SEALED & DELIVERED
ROUGECREST CONSTRUCTION INC.
THE CORPORATION OF THE TOWN OF PICKERING
Wayne Arthurs, Mayor
Bruce Taylor, Clerk
21 20
The Town of Pickering
LEGAL DEPARTMENT
Rougecrest Construction, ?lan 40M-]44!
- Future Developmeat glocks 63, 64, 65
Grand Oak ~ome$, ?laa 40M-~526
- Future Development Blocks 80, 81, 82